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GREGORY C. SOUMAS MICHAEL J .

RYAN
PRESIDENT EXECUTIVE DIRECTOR

MICHAEL MICHEL DAWN SANDOW
SECRETARY DEPUTY EXECUTIVE DIRECTOR

J OSE MIGUEL ARAUJ O PAMELA GREEN PERKINS
RONALD CASTORINA J r. ADMINISTRATIVE MANAGER
J ULIE DENT
MARIA R. GUASTELLA
MICHAEL A. RENDINO
SIMON SHAMOUN
FREDERIC M. UMANE

COMMISSIONERS




BOARD OF ELECTIONS
IN
THE CITY OF NEW YORK
EXECUTIVE OFFICE, 32 BROADWAY
NEW YORK, NY 100041609
(212) 4875300
FAX (212) 4875349
www.vote.nyc.ny.us
J une 23, 2014


J esse Campoamor
Campaign Manager
Espaillat for Congress
Via E-mail Onl y: jesse.campoamor@gmail.com

Rasheida Smith
Campaign Manager
Rangel for Congress
Via E-mail Onl y: rsmith@dunton-consulting.com

J erry H. Goldfedder, Esq.
Counsel
Walrond for Congress
Via E-mail Onl y: jgol dfedder@stroock.com

Richard Soto
Campaign Manager
Garcia for Congress
Via E-mail Onl y: soto.1234@hotmail.com

Re: 13
th
Congressional District
Adriano Espaillat for Congress 2014
letter dated June 22, 2014

Dear Mr. Campoamor and Ms. Smith:

Re the above matter and as you are aware, the number of Spanish speaking
interpreters has become the subject of some public discourse in recent days. Attached
please find a copy of an unsigned letter dated J une 22, 2014 received from Adriano
Espaillat for Congress 2014 on the above date.

To fully explain the actions of the Board of Elections in the City of New York (the
Board), it is necessary to provide context to the issues raised. The Board has been
characterized as having decreased the number of Spanish language translators. The
reports on the decrease have taken that single fact in a vacuum which has led to the
inaccurate dissemination of information and unnecessary alarm.
In 2012 a redistricting was conducted for both Congressional and State
Legislative District lines. In 2013 a redistricting was conducted for New York City
Council District lines. In December 2011 (and in anticipation of the upcoming
redistricting processes) the Commissioners of the Board voted to increase the target
number of voters per election district from a range of 650-750 to a range of 1050-1100.

This increase was based on experience as to the number of voters that may be
accommodated by the electronic voting system (EVS). The increase was made to
responsibly utilize the resources allocated to the Board and generate cost-reduction
where practicable.

In addition to the foregoing, the Board must, on an on-going basis, evaluate and
re-evaluate poll sites to ensure compliance with the Americans with Disabilities Act
(ADA) and New York State Election Law 4-104. As recently as May 14, 2014 the
United States Court of Appeals for the Second Circiut affirmed a lower court ruling on
United Spinal Association, et al. v. Board of Elections in the City of New York, et al.
(United Spinal) requiring strict adherence to the tenets of the ADA and 504 of the
Rehabilitation Act of 1973 ( 504). Consequently, over the course of time numerous
poll sites (many of them New York City Public Schools) can no longer be utilized as
polls site as they are not in compliance with the above referenced statutes and they are
not suitably accessible for persons with disabilities attempting to exercise their voting
franchise privately and independently.

The combination of all of the above concerns has led to an overall reduction of
poll sites throughout the city from 1353 to 1249. In the 13
th
Congressional District, the
number of poll sites was reduced from 134 to 103 in Manhattan and from 29 to 27 in the
Bronx.

For Manhattan in 2012 there were 127 interpreters deployed to 134 poll sites, a
coverage ratio of 95%. For the primary election tomorrow in Manhattan there are 103
interpreters assigned to 103 poll sites, a coverage ratio of 100%. For the Bronx the
coverage ratio for interpreters assigned to the poll sites in both 2012 and 2014 is 100%.

In addition to the assigned Spanish interpreters for Manhattan, there are 49
Spanish interpreters in the standby pool, 217 poll workers and or coordinators who also
speak Spanish assigned to poll sites and 16 poll workers in the standby pool who also
speak Spanish. Likewise in the Bronx there are an additional 25 Spanish interpreters in
the standby pool, 61 pollworkers and or coordinators who also speak Spanish assigned
to poll sites and 33 poll workers and coordinators who also speak Spanish in the
standby pool.

The assertion made in the J une 22
nd
letter regarding the number of Chinese
interpreters assigned versus the number of Spanish interpreters assigned utilizing the
percentage of residents of each language group in the district set forth in United States
Census data, represents a fundamental misunderstanding of the legal requirements
under which the Board must operate in this area.

Pursuant to a settlement in CEVA v. Ravitz, the Board entered into a
Memorandum of Understanding (MOU) requiring the Board to use its best efforts to
ensure that where needed a Cantonese and Mandarin speaking interpreter will be
deployed to poll sites. The reason for this requirement is not due to Asian population
density but rather as an acknowledgement that the Cantonese and Mandarin dialects
are incompatible. In recognition of this incompatibility, the Board agreed to use best
efforts to accommodate the needs of Cantonese and Mandarin speaking voters.

Comparatively, there is no recognized second Spanish dialect. As such, a
second interpreter is not needed. In any event, the Board has worked diligently with all
interested stakeholders subject to the provisions of applicable law to recruit Spanish
interpreters and Spanish speaking poll workers and coordinators to ensure that the
needs of the Spanish Speaking community are fully addressed.

I trust that the foregoing clarifies the issues addressed in the J une 22
nd
letter and
has allayed any fears that may have been raised by the public dissemination of
inaccurate information by those not charged with the responsibility of conducting fair
elections. The Board remains committed to ensuring that all voters have meaningful
access to poll sites, including voters with Limited English Proficiency. Thank you for
bringing these issues to the Boards attention. If you have any questions or require
additional information, please do not hesitate to contact me.

Yours very truly,

Michael J . Ryan
Executive Director

MJ R:sw

C: Board of Commissioners
Dawn Sandow, Deputy Executive Director
Pamela Perkins, Administrative Manager

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